Oklahoma State Implementation Plan Elements 

Required Under Section 110(a)(2) for the 

1997 8-hour Ozone and 1997 and 2006 Fine Particulate Matter (PM2.5) NAAQS 

Docket ID EPA-R06-OAR-2008-0637 

Technical Support Document 

October 2011 

Table of Contents: 

I. Introduction 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone 

and the 1997 and 2006 fine particulate matter NAAQS, the State submittals and EPA 

analysis 

III. EPA’s Recommendation 

A. Authority for EPA’s Recommendation 

B. Implications of Partial Approval, Partial Disapproval 

IV. References 

I. Introduction

In this technical support document (TSD), EPA is evaluating the submittals provided by 

the Oklahoma Department of Environmental Quality (ODEQ) to meet the requirements of 

section 110(a)(2) of the Clean Air Act (CAA or Act) for the 1997 ozone and the 1997 and 2006 

national ambient air quality standards (NAAQS or standards) for 8-hour ozone and fine 

particulate matter. More detail on these standards, section 110(a)(1) and (2) of the Act, and the 

submittals we are reviewing to satisfy the section 110(a)(2) requirements for Oklahoma are 

provided in subsections A - D, below. Throughout this document, “we,” “us,” and “our” means 

EPA. 

Section II of this TSD provides a description of each element required under section 

110(a)(2) of the Act, the State’s response, and our analysis of the State’s response. Copies of the 

State’s submittals are in the docket for this rulemaking. 

Section III of the TSD includes our recommendation for action on each of the elements 

reviewed herein. 

Section IV of the TSD contains a list of the guidance documents referenced herein. 

Copies of these guidance documents are in the docket for this rulemaking. 

On July 18, 1997, EPA promulgated a new NAAQS for ozone (published in volume 62 

of the Federal Register (FR), beginning on page 38856, denoted 62 FR 38856) and a new 

standard for fine particulate matter (62 FR 38652). For ozone, EPA revised the NAAQS to 

provide an 8-hour averaging period (versus the 1-hour averaging period for the 1-hour ozone 

standard) and set the level of the standard to 0.08 parts per million (ppm). The ozone NAAQS 

was revised again on March 12, 2008 (73 FR 16436) by lowering the primary and secondary 

standards to 0.075 ppm. On September 16, 2009, the EPA Administrator announced that EPA 

would take rulemaking action to reconsider the 2008 primary and secondary ozone NAAQS. On 

January 19, 2010, EPA proposed to set different primary and secondary ozone standards than 

those set in 2008 to provide requisite protection of public health and welfare, respectively (75 FR 
2

2938). On September 22, 2011, EPA clarified that the current ozone standard is set at 75 ppb. 

This rulemaking does not address the 2008 ozone standard. The former 1-hour ozone NAAQS 

was set at 0.12 ppm. 

For particulate matter (PM), EPA promulgated a new 24-hour and new annual standard 

for fine PM, which applies to particles with an aerodynamic diameter less than or equal to 2.5 

micrometers (denoted as PM2.5). The annual PM2.5 standard was set at 15 micrograms per cubic 

meter (μg/m3

) and the 24-hour standard was set at 65 μg/m3. On October 17, 2006, we published 

revised standards for PM (71 FR 61144). For PM2.5 the annual standard of 15 μg/m3 was 

retained, and the 24-hour standard was revised to 35 μg/m3

. For PM10 the annual standard was 

revoked and the 24-hour standard (150 μg/m3

) was retained. 

Under section 110(a)(1) of the Act, all states are required to submit plans to provide for 

the implementation, maintenance and enforcement of each NAAQS within 3 years following the 

promulgation of the NAAQS, or within such shorter period as EPA may prescribe. Section 

110(a)(2) lists 14 elements that must be included in these state implementation plan (SIP) 

submissions. The requirements include SIP “infrastructure” elements such as requirements for air 

pollution control measures and monitoring that are designed to assure attainment, maintenance 

and enforcement of the NAAQS. The statutory language in sections 110(a)(1) and (2) is provided 

in the docket for this rulemaking. 

On October 2, 2007, we issued “Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 1997 8-hour Ozone and 1997 PM2.5 National Ambient Air Quality 

Standards,” Memorandum from William T. Harnett, Director, Air Quality Policy Division 

(AQPD), Office of Air Quality Planning and Standards (OAQPS).1 On September 25, 2009, we 

issued “Guidance on SIP Elements Required Under Sections 110(a)(l) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” Memorandum 

also from William T. Harnett, Director, AQPD, OAQPS. Each of these guidance memos 

addresses the SIP elements found in 110(a)(2). However, the October 2, 2007 Guidance does not 

address section 110(a)(2)(D)(i) (dealing with interstate transport), which is being addressed 

separately.2 In each of these guidance memos, the guidance states that to the extent that existing 

SIPs already meet the requirements, states need only certify that fact to us. 

On December 5, 2007 the ODEQ submitted a letter certifying that the Oklahoma SIP 

includes all the requirements in section 110(a)(1) and (2) of the Act for implementation of the 

1997 8-hour ozone NAAQS. The letter also stated that ODEQ would evaluate the particulate 

matter provisions of the Oklahoma SIP for consistency with federal requirements. 

On March 27, 2008, EPA published findings concerning whether States had made the 

110(a)(2) submissions for the 1997 ozone NAAQS (73 FR 16205). In this action, we found that 

Oklahoma made submissions that addressed some, but not all, of the requirements of section 

110(a)(2) of the Act necessary to implement the 1997 8-hour ozone NAAQS. As required by 

section 110(a)(2)(C) and (J), Oklahoma had failed to submit a SIP addressing changes to the part 

C Prevention of Significant Deterioration (PSD) permit program required by the November 29, 

 

1

 This and any other guidance documents referenced in this action are in the docket for this rulemaking. 

2

 EPA finalized a FIP on July 6, 2011, to limit emissions of ozone precursors and PM that affect the ability of 

downwind states to attain the 1997 ozone and 1997 and 2006 PM2.5 NAAQS (76 FR 48208, August 8, 2011). 

Known as EPA’s Cross-State Air Pollution Rule, it requires that Oklahoma and 26 other states in the eastern half of 

the United States must significantly improve air quality by reducing power plant emissions that cross state lines and 

contribute to ground-level ozone and fine particle pollution in other states. For additional information, please see 

www.epa.gov/crossstaterule. 
3

2005 (70 FR 71612, page 71699) final rule that made nitrogen oxides (NOx) a precursor for 

ozone in the part C regulations at 40 CFR 51.166 and in 40 CFR 52.21. 

On October 22, 2008, EPA published findings concerning whether States had made the 

110(a)(2) submissions for the 1997 PM2.5 NAAQS (73 FR 62902). In this action, we found that 

Oklahoma failed to make a submittal to satisfy the requirements of section 110(a)(2) of the Act 

necessary to implement the 1997 PM2.5 NAAQS. 

On June 24, 2010 the ODEQ submitted a letter certifying that the Oklahoma SIP includes 

all the requirements in section 110(a)(1) and (2) of the Act for implementation of the 1997 PM2.5

NAAQS. Attached to the certification letter was supporting information that identified the 

Oklahoma SIP provisions, regulations and statutes that support the section 110(a)(2) 

infrastructure elements for the NAAQS. At this time, ODEQ also submitted revisions to their 

PSD SIP that addressed NOx as a precursor to ozone. EPA approved the SIP revisions 

incorporating NOx as an ozone precursor (see 75 FR 72695, November 26, 2010). 

On April 5, 2011 the ODEQ submitted a letter, including supporting information, 

certifying that the Oklahoma SIP includes all the requirements in section 110(a)(1) and (2) of the 

Act for implementation of the 2006 revisions to the PM2.5 NAAQS. 

II. SIP elements required under Section 110(a)(2) for the 1997 8-hour ozone and the 1997 and 

2006 fine particulate matter NAAQS, the State submittals, and EPA analysis

 The Federally approved SIP for each state is listed in Title 40, Part 52, of the US Code of 

Federal Regulations (denoted 40 CFR 52). The first section in this subpart for any state is the 

“Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP 

for each state, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet 

the NAAQS. The status of the Oklahoma SIP is provided in 40 CFR Part 52, Subpart LL, 

sections 1920 to 1960. The Identification of plan for Oklahoma is in section 1920; this 

constitutes the applicable SIP for Oklahoma, for purposes of the Act. 

Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 

FR 13498), section 110(a)(2) sets forth elements that a SIP must contain in order to be fully 

approved.3

 Below we examine the elements required in section 110(a)(2) and the documentation 

provided by the ODEQ. Where it is useful, we include tables showing the date that the 

applicable state rules were approved by EPA into the SIP. 

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, 

schedules for compliance and other related matters. EPA notes that the specific nonattainment 

area plan requirements of section 110(a)(2)(I) are subject to the timing requirement of section 

172 (non-attainment plan provisions). 

The State’s response: In its submittal for the 1997 8-hour ozone NAAQS, the ODEQ did not 

provide an explanation of how the Oklahoma SIP meets the requirements of section 

110(a)(2)(A), but the June 2010 and April 2011 certifications for PM2.5 included tables 

indicating which Oklahoma statutes and regulations act to fulfill the requirements of Section 

110(a)(2)(A). In addition, Oklahoma has included some SIP provisions originally submitted in 

 

3

 The discussion of section 110(a)(2), subsections (A) through (M) begins on p. 13556 of the General Preamble. 
4

response to part D in its submissions documenting its compliance with the infrastructure 

requirements of section 110(a)(1) and (2). Oklahoma has continually updated the elements of its 

SIP revisions submitted in response to the infrastructure requirements of section 110(a)(2) and 

the nonattainment requirements of part D. For the purposes of this action, EPA is reviewing any 

rules originally submitted in response to part D solely for the purposes of determining whether 

they support a finding that the state has met the basic infrastructure requirements under section 

110(a)(2). 

EPA analysis: Section 110(a)(2)(A) requires that all measures and other elements in the 

SIP be enforceable. This subsection also authorizes SIPs to contain certain nontraditional 

techniques for reducing pollution – economic incentives, marketable permits, and auctions of 

emissions rights. The EPA reads this language to require even these other means of achieving 

reductions to be enforceable.4

 

The Oklahoma Clean Air Act designates the Oklahoma Department of Environmental 

Quality (ODEQ) as the state air pollution control agency. The Act empowers ODEQ to establish 

and implement air quality programs and provides enforcement authority for regulations 

promulgated under the Act. 

The ODEQ has promulgated rules to limit and control emissions of, among other things, 

PM, sulfur compounds (including sulfur dioxide or SO2), nitrogen compounds (including NOx), 

and VOCs. These rules include emission limits, control measures, permits, fees, and 

compliance schedules and are found within Title 252, Chapter 100 of the Oklahoma 

Administrative Code (denoted 252:100 OAC). 

EPA has approved into the Oklahoma SIP the below regulations that also meet the 

requirements of section 110(a)(2)(A): 

Regulation 1.4.1 General Permit Requirements 

Regulation 1.4.2 Construction Permit 

Regulation 1.4.3 Operating Permit 

Regulation 1.4.4 Major Sources- Prevention of Significant Deterioration (PSD) 

 Requirements for Attainment Areas 

Regulation 1.4.5 Major Sources- Nonattainment Areas 

Regulation 3.8 Control of Emission of Hazardous Air Contaminants 

Regulation 1.4.1 provides for the general permit requirements and permit fees. 

Regulation 1.4.2 provides for stack height limitations, construction permit applications and 

conditions, and relocation permits. Regulation 1.4.3 addresses operating permit requirements 

and conditions. Regulation 1.4.4 identifies the applicability of PSD requirements and describes 

the control technology required to be installed by applicable sources. Regulation 1.4.5 identifies 

the requirements for sources located in nonattainment areas. Regulation 3.8 provides for the 

emission standards for hazardous air contaminants. 

EPA has also found the following from Title 252 of the Oklahoma Administrative Code 

(denoted 252 OAC) as relevant in helping the Oklahoma SIP meet the requirements of section 

110(a)(2)(A): 

Chapter 4 Rules of Practice and Procedure 

 

4

 General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498, p. 13556) 
5

 Subchapter 9: Administrative Proceedings 

Chapter 100 Air Pollution Control 

 Subchapter 1: General Provisions 

 Subchapter 3: Air Quality Standards and Increments 

 Subchapter 5: Registration of Air Contaminant Sources 

Subchapter 8: Permits for Part 70 Sources 

 Subchapter 9: Excess Emission and Malfunction Reporting Requirements 

 Subchapter 13: Open Burning 

 Subchapter 17: Incinerators 

 Subchapter 19: Control of Emission of Particulate Matter 

 Subchapter 23: Control of Emissions from Cotton Gins 

 Subchapter 24: Particulate Matter Emissions from Grain, Feed, or Seed 

 Operations 

 Subchapter 25: Visible Emissions and Particulates 

 Subchapter 29: Control of Fugitive Dust 

 Subchapter 31: Control of Emission of Sulfur Compounds 

 Subchapter 33: Control of Emission of Nitrogen Oxides 

 Subchapter 37: Control of Emission of Organic Materials 

 Subchapter 39: Emission of Organic Materials in Nonattainment Areas 

 Subchapter 43: Sampling and Testing Requirements 

 Appendix A: Allowable Emissions for Incinerators with Capacities of 100 lbs/hr 

 or Greater 

 Appendix C: Allowable Rate of Emissions for Indirectly Fired Fuel-Burning 

 Units 

 Appendix D: Allowable Rate of Emissions for Indirectly Fired Wood Fuel- 

 Burning Units 

 Appendix E: Primary Ambient Air Quality Standards 

 Appendix F: Secondary Ambient Air Quality Standards 

 Appendix G: Allowable Rate of Emissions 

 Appendix L: PM-10 Emission Factors for Permit by Rule for Grain Elevators 

Subchapter 9 of chapter 4 describes the administrative procedure for enforcement of the 

provisions set forth in 252 OAC. Subchapter 1 of chapter 100 provides definitions of words and 

phrases used in chapter 100 and in the Oklahoma Clean Air Act. Subchapter 3 enumerates the 

primary and secondary ambient air quality standards and the significant deterioration increments. 

Subchapter 5 requires owners/operators of air pollution sources to provide the ODEQ with 

information on the emissions from each source. Subchapter 8 sets forth permitting requirements 

for PSD, nonattainment New Source Review (NSR), and part 70 major sources. Subchapter 9 

establishes a system designed to provide timely and accurate data on excess air emissions in the 

state of Oklahoma caused by malfunction, shutdown, startup, or regularly scheduled 

maintenance. Subchapter 13 restricts open burning of refuse and other combustible materials in 

order to reduce the emission of particulates and other contaminants produced by these activities. 

Subchapter 17 defines requirements for incinerator design and places limits on incinerator 

output, which are based on opacity. Subchapter 19 sets particulate matter emission limits on 

particulate air contaminants released by the operation and use of fuel-burning equipment. 

Subchapter 23 restricts air contaminant emissions from cotton gins. Subchapter 24 controls 
6

particulate matter emissions from facilities that handle, store or process grains, feeds or seeds. 

Subchapter 25 controls visible emissions and particulate matter emissions from the operation of 

any air contaminant source. Subchapter 29 controls the release of fugitive dust into the air by 

any operation or action. Subchapter 31 controls emissions of sulfur compounds from stationary 

sources by setting standards for industrial sources. Subchapter 33 restricts the emission of NOx

from stationary sources by setting emission limits for fuel combustion operations and nitric acid 

plants. Subchapter 37 limits the emission of volatile organic compounds (VOCs) from stationary 

sources and prescribes standards and practices for storage and loading of VOCs, use of organic 

solvents in cleaning and coating, and other processes which could emit these pollutants. 

Subchapter 39 controls the emissions of VOCs from stationary sources located in nonattainment 

areas, and specifies additional control measures needed in sources affecting those areas. 

Subchapter 43 provides requirements on air pollution sampling and testing 

Appendix A of chapter 100 is a graph defining maximum emissions for incinerators with 

capacities in excess of 100 lb/hr. Appendix C is a graph defining particulate matter emission 

limits for fuel-burning equipment, while Appendix D is a graph defining particulate emission 

limits for wood-waste burning equipment. Appendices E and F are tables showing the State’s 

primary and secondary ambient air quality standards, including ozone and PM2.5. These ambient 

air quality standards are consistent with the NAAQS for ozone and PM2.5 which EPA 

promulgated on July 18, 1997 (62 FR 38651). Appendix G specifies the allowable total 

particulate matter emission rates for directly fired fuel-burning units and industrial processes. 

Appendix L specifies the PM10 emission factor for permit by rule for grain elevators. 

EPA has also found the following from Title 595 of the Oklahoma Administrative Code 

(denoted 595 OAC) as relevant in helping the Oklahoma SIP meet the requirements of section 

110(a)(2)(A): 

Chapter 20 Inspection and Equipment for Motor Vehicles 

 Subchapter 3: Emission and Mechanical Inspection of Vehicle 

 Subchapter 9: Class AE Inspection Station, Vehicle Emission Anti-Tampering 

 Inspection 

 Subchapter 11: Annual Motor Vehicle Inspection and Emission Anti-Tampering 

 Inspection Records and Reports 

Subchapters 3 and 9 of chapter 20 describe the general instructions for vehicle 

mechanical equipment inspection, and explain when a vehicle emission anti-tampering 

inspection is required. Subchapter 11 describes the records and reports required to be completed 

by inspectors performing the annual vehicle inspection and the emission anti-tampering 

inspection. 

The State's rules at 252 OAC chapters 4 (subchapter 9) and 100 (subchapters 1, 3, 5, 9, 

13, 17, 19, 23, 24, 25, 29, 31, 33, 37, 39, 43, and Appendices A, C, D, E, F, G, and L); 595 OAC 

chapter 20 (subchapters 3, 9, and 11); and regulations 1.4.1, 1.4.2, 1.4.3, 1.4.4, 1.4.5, and 3.8 of 

the Oklahoma Air Pollution Control Regulations, were approved by EPA for adoption into the 

SIP and thus are enforceable by the state and EPA, and US citizens are offered legal recourse to 

address violations as described in section 304 of the Act. See Table 1. 

We conclude that the Oklahoma SIP meets the requirements of section 110(a)(2)(A) for 

the 1997 ozone and the 1997 and 2006 PM2.5 NAAQS. 
7

Table 1: SIP-Approved Oklahoma rules relevant to meeting section 110(a)(2)(A), as 

determined by EPA: 

Relevant Section of Oklahoma’s SIP EPA Approval/Federal Register 

Regulation 1.4, Air Resources Management Permits 

 Required 

1.4.1: General Permit Requirements 

1.4.2: Construction Permit 

1.4.3: Operating Permit 

1.4.4: Major Sources- Prevention of Significant 

 Deterioration (PSD) Requirements for 

 Attainment Areas 

1.4.5: Major Sources- Nonattainment Areas 

1.4.1: August 25, 1983 at 48 FR 38635 

 and July 23, 1991 at 56 FR 33715 

1.4.2: August 25, 1983 at 48 FR 38635, 

 July 27, 1984 at 49 FR 30184, 

 August 20, 1990 at 55 FR 33905, 

 and July 23, 1991 at 56 FR 33715 

1.4.3: August 25, 1983 at 48 FR 38635 

1.4.4: August 25, 1983 at 48 FR 38635, 

 July 23, 1991 at 56 FR 33715, and 

 November 8, 1999 at 64 FR 60683 

1.4.5: August 25, 1983 at 48 FR 38635 

 and February 12, 1991 at 56 FR 

 05653 

Regulation 3.8, Control of Emission of Hazardous 

 Air Contaminants 

August 15, 1983 at 48 FR 36819 

252 OAC 4, Rules of Practice and Procedure 

Subchapter 9: Administrative Proceedings December 29, 2008 at 73 FR 79400 

252 OAC 100, Air Pollution Control 

Subchapter 1: General Provisions 

Subchapter 3: Air Quality Standards and Increments 

Subchapter 5: Registration of Air Contaminant 

 Sources 

Subchapter 9: Excess Emission and Malfunction 

 Reporting Requirements 

Subchapter 13: Open Burning 

Subchapter 15: Motor Vehicle Pollution Control 

 Devices 

Subchapter 17: Incinerators 

Subchapter 19: Control of Emission of Particulate 

 Matter 

Subchapter 23: Control of Emissions from Cotton 

 Gins 

Subchapter 24: Particulate Matter Emissions from 

 Grain, Feed, or Seed Operations 

SC 1: November 3, 1999 at 64 FR 59629 

SC 3: November 3, 1999 at 64 FR 59629 

 and December 29, 2008 at 73 FR 

 79400 

SC 5: November 3, 1999 at 64 FR 59629 

SC 9: November 3, 1999 at 64 FR 59629 

SC 13: December 29, 2008 at 73 FR 

 79400 

SC 15: November 3, 1999 at 64 FR 

 59629 

SC 17: December 29, 2008 at 73 FR 

 79400 

SC 19: December 29, 2008 at 73 FR 

 79400 

SC 23: December 29, 2008 at 73 FR 

 79400 
8

Relevant Section of Oklahoma’s SIP EPA Approval/Federal Register 

Subchapter 25: Visible Emissions and Particulates 

Subchapter 29: Control of Fugitive Dust 

 Materials 

Subchapter 31: Control of Emission of Sulfur 

 Compounds 

Subchapter 33: Control of Emission of Nitrogen 

 Oxides 

Subchapter 37: Control of Emission of Organic 

 Materials 

Subchapter 39: Emission of Organic Materials in 

 Nonattainment Areas 

Subchapter 43: Sampling and Testing Methods 

Subchapter 45: Monitoring of Emissions 

Appendix A: Allowable Emissions for Incinerators 

 with Capacities of 100 lbs/hr or 

 Greater 

Appendix B: Allowable Emissions for Incinerators 

 with Capacities less than 100 lbs/hr 

Appendix C: Allowable Rate of Emissions for 

 Indirectly Fired Wood Fuel-Burning 

 Units 

Appendix D: Allowable Rate of Emissions for 

 Indirectly Fired Wood Fuel-Burning 

 Units 

Appendix E: Primary Ambient Air Quality 

 Standards 

Appendix F: Secondary Ambient Air Quality 

 Standards 

Appendix G: Allowable Rate of Emissions 

SC 24: December 29, 2008 at 73 FR 

 79400 

SC 25: December 29, 2008 at 73 FR 

 79400 

SC 29: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

SC 31: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

SC 33: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

SC 37: December 29, 2008 at 73 FR 

 79400 

SC 39: December 29, 2008 at 73 FR 

 79400 

SC 43: November 3, 1999 at 64 FR 

 59629 

SC 45: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

Appendices A, B, C, D, E, F, and L: 

 December 29, 2008 at 73 FR 79400 

Appendix G: November 30, 1999 at 64 

 FR 59629 

595 OAC 20, Inspection and Equipment for Motor 

 Vehicles 

Subchapter 3: Emission and Mechanical Inspection 

 of Vehicles 

Subchapter 9: Class AE Inspection Station, Vehicle 

 Emission Anti-Tampering Inspection 

Subchapter 11: Annual Motor Vehicle Inspection 

 and Emission Anti-Tampering 

 Inspection Records and Reports 

February 29, 1996 at 61 FR 7709 

February 29, 1996 at 61 FR 7709 

February 29, 1996 at 61 FR 7709 

2. Ambient air quality monitoring and data analysis system: Section 110(a)(2)(B) requires 

SIPs to include provisions for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and making these data available to EPA upon 

request. 
9

The State’s response: The ODEQ maintains a network of air quality monitors to collect ambient 

air data that is consistent with EPA regulations at 40 CFR 58. The data collected from this 

network is reported to EPA on a regular basis. In its June 2010 and April 2011 certifications, 

ODEQ referenced previously approved SIP provisions and 40 CFR 52.1960(c)(22) to 

demonstrate fulfillment of this infrastructure SIP requirement. 

EPA analysis: In addition to the references cited by ODEQ, EPA has taken into consideration 

the following additional sections of 252 OAC chapter 100 as relevant in demonstrating that the 

Oklahoma SIP satisfies the requirements of section 110(a)(2)(B): 

Chapter 100 Air Pollution Control 

 Subchapter 3: Air Quality Standards and Increments 

 Appendix E: Primary Ambient Air Quality Standards 

 Appendix F: Secondary Ambient Air Quality Standards 

Subchapter 3 of chapter 100 enumerates the primary and secondary ambient air quality 

standards and the PSD increments. Appendices E and F are tables showing the State’s primary 

and secondary ambient air quality standards, including ozone and PM2.5. These ambient air 

quality standards are consistent with the NAAQS for ozone and PM2.5 which EPA promulgated 

on July 18, 1997 (62 FR 38651). These rules were approved by EPA for adoption into the SIP. 

See Table 2. 

The 1992 Oklahoma Clean Air Act provides the ODEQ with authority to establish and 

operate ambient air quality monitors and was approved by EPA for adoption into the Oklahoma 

SIP in 1994.5 The 1992 Oklahoma Clean Air Act is currently codified under Title 27A of the 

Oklahoma Statutes (O.S.). 

EPA historically has promulgated regulations in part 58 of the CFR, indicating the 

necessary data States need to collect and submit as part of their SIP. Oklahoma’s air quality 

surveillance system was approved by EPA on May 31, 1972 (37 FR 10887). A revision to 

Oklahoma’s air quality surveillance network was approved by EPA into the SIP on March 28, 

1979 (44 FR 18490). This revision was a general update of Oklahoma’s air quality surveillance 

network for particulate matter, sulfur dioxide, and photochemical oxidants. On August 6, 1981, 

EPA approved into the Oklahoma SIP, an air quality surveillance system that consists of a 

network of monitoring stations designated as State and Local Air Monitoring Stations (SLAMS), 

which measure ambient concentrations of those pollutants for which standards have been 

established in 40 CFR Part 50. EPA approved this air quality surveillance system for the State of 

Oklahoma because it was determined that it adhered to EPA’s Rules and Regulations for 

Ambient Air Quality Monitoring, Data Reporting, and Surveillance Provisions.6

 As the State air 

pollution control agency, the ODEQ maintains a network of air quality monitoring stations per 

40 CFR 58.3(a). These monitors meet the technical requirements of 40 CFR 58, Subpart B and 

those that have not been certified as meeting the federal requirements are identified as “nonregulatory” monitors. The ODEQ website posts past and current concentrations of PM2.5 and 

ozone measured in their network of monitors. The State submits air monitoring data to EPA 

quarterly and certifies the data annually. 

 

5

 See 59 FR 32365, published June 23, 1994. 

6

 The “Rules and Regulations for Ambient Air Quality Monitoring, Data Reporting, and Surveillance Provisions” 

were promulgated by EPA on May 10, 1979 (44 FR 27558). 
10

Based on this analysis, we conclude that the Oklahoma SIP meets the requirements of 

section 110(a)(2)(B) for the 1997 ozone and the 1997 and 2006 PM2.5 NAAQS. 

Table 2: Oklahoma rules relevant to meeting section 110(a)(2)(B), as determined by EPA: 

Relevant Section of Oklahoma’s SIP EPA Approval/Federal Register 

252 OAC 100, Air Pollution Control 

Subchapter 3: Air Quality Standards and Increments 

Appendix E: Primary Ambient Air Quality Standards 

Appendix F: Secondary Ambient Air Quality 

 Standards 

November 3, 1999 at 64 FR 59629 

December 29, 2008 at 73 FR 79400 

December 29, 2008 at 73 FR 79400 

3. Program for enforcement of control measures: Section 110(a)(2)(C) requires states to 

include a program providing for enforcement of the measures described in subparagraph (A), and 

the regulation of the modification and construction of any stationary source within the areas 

covered by the SIP as necessary to assure that the NAAQS are achieved, including a permit 

program as required in part C. 

The State's response: ODEQ has established rules governing the enforcement of control 

measures, including attainment plans and permitting programs that regulate construction and 

modification of stationary sources. In its June 2010 and April 2011 certifications, ODEQ 

referenced the powers and duties ascribed to it by the Oklahoma Clean Air Act at 27A OS 2-5-

101 and 105 as relevant in demonstrating fulfillment of this infrastructure SIP requirement. 

EPA analysis: EPA has approved into the SIP the following Oklahoma Air Pollution Control 

Regulations that meet the requirements of section 110(a)(2)(C): 

Regulation 1.4.1 General Permit Requirements 

Regulation 1.4.2 Construction Permit 

Regulation 1.4.3 Operating Permit 

Regulation 1.4.4 Major Sources- Prevention of Significant Deterioration (PSD) 

 Requirements for Attainment Areas 

Regulation 1.4.5 Major Sources- Nonattainment Areas 

The following sections of 252 OAC are in the SIP and satisfy the requirements of section 

110(a)(2)(C): 

Chapter 4 Rules of Practice and Procedure 

 Subchapter 9: Administrative Proceedings 

Chapter 100 Air Pollution Control 

 Subchapter 3: Air Quality Standards and Increments 

 Subchapter 5: Registration of Air Contaminant Sources 

 Subchapter 8: Permits for Part 70 Sources 

 Subchapter 9: Excess Emission and Malfunction Reporting Requirements 

 Subchapter 13: Open Burning 
11

 Subchapter 17: Incinerators 

 Subchapter 19: Control of Emission of Particulate Matter 

 Subchapter 23: Control of Emissions from Cotton Gins 

 Subchapter 24: Particulate Matter Emissions from Grain, Feed, or Seed 

 Operations 

 Subchapter 25: Visible Emissions and Particulates 

 Subchapter 31: Control of Emission of Sulfur Compounds 

 Subchapter 33: Control of Emission of Nitrogen Oxides 

 Subchapter 37: Control of Emission of Organic Materials 

 Subchapter 39: Emission of Organic Materials in Nonattainment Areas 

Subchapter 43: Testing, Monitoring and Recordkeeping 

 

 

EPA has found the following from 595 OAC as relevant in showing the Oklahoma SIP 

satisfies the requirements of section 110(a)(2)(C): 

Chapter 20 Inspection and Equipment for Motor Vehicles 

 Subchapter 3: Emission and Mechanical Inspection of Vehicle 

 Subchapter 7: Inspection Stickers and Monthly Tab Inserts for Windshield and 

 Trailer/Motorcycle 

 Subchapter 11: Annual Motor Vehicle Inspection and Emission AntiTampering Inspection Records and Reports 

 

The 1992 Environmental Quality Act provides the ODEQ with enforcement authority for 

the rules adopted under the Oklahoma Clean Air Act, and was approved by EPA for adoption 

into the Oklahoma SIP on June 23, 1994 (59 FR 32365). The 1992 Oklahoma Clean Air Act 

provides for enforcement authority under sections 1805.1, 1812, 1817, and 1818, now codified 

under Title 27A, chapter 2, Article 5 of the Oklahoma Statutes. These revisions have not been 

submitted to EPA for approval into the SIP, but the current version of the Oklahoma Statutes 

retains the enforcement authority approved into the Oklahoma SIP in 1994. 

The administrative proceedings for enforcement actions, including administrative 

compliance orders and determination of penalty, are provided under 252 OAC chapter 4, 

subchapter 9. The Emission and Mechanical Inspection of Vehicles recordkeeping and reporting 

requirements are provided under 595 OAC chapter 20, subchapters 3, 7, and 11. Among the 

issues addressed in 252 OAC chapter 100, subchapters 3, 5, 9, 13, 17, 19, 23, 24, 25, 31, 33, 37, 

39, 43, 45, and Appendices A-G and L, we found allowable emission rates, compliance, control 

plan requirements, control schedules, monitoring and testing requirements, and reporting and 

recordkeeping requirements (see Table 3 below). These clarify the boundaries beyond which 

regulated entities in Oklahoma can expect enforcement action. 

Part C of the Act requires prevention of significant deterioration of air quality, denoted as 

PSD and codified at 40 CFR 51.166. The PSD program regulates the construction of any new 

stationary source or major modifications at existing stationary sources for pollutants where the 

area the source is located is in attainment/unclassifiable with the NAAQS. Regulation 1.4.1 of 

the Oklahoma Air Pollution Control Regulations provides for general permit requirements. 

Regulations 1.4.2 and 1.4.3 provide for construction and operating permits. Regulation 1.4.4 

describes the PSD requirements for attainment areas, while Regulation 1.4.5 describes the 
12

requirements for sources located in nonattainment areas. 252 OAC chapter 100, subchapter 3, 

sets forth the PSD increments, which are consistent with EPA’s PSD increments in accordance 

with 40 CFR 51.166 (see Table 3 below). PSD increments limit increases in pollutant 

concentration due to new sources. 

Oklahoma’s PSD program was initially approved into the SIP on August 25, 1983 (see 48 

FR 38635), giving the State authority to issue PSD permits and enforce them under its approved 

PSD SIP. In response to the new PM10 NAAQS promulgated by EPA on July 1, 1987, 

Oklahoma revised its existing regulations for PSD to reflect the new NAAQS. These revisions 

to the Oklahoma SIP were approved by EPA on February 12, 1991 (56 FR 05653). On October 

17, 1988, EPA promulgated regulations under section 166 of the CAA to prevent significant 

deterioration of air quality from emissions of nitrogen oxides. In response, Oklahoma revised its 

SIP by adopting PSD maximum allowable nitrogen dioxide (NO2) increments and related 

requirements. EPA found these revisions to be consistent with Federal regulations, and as such 

were approved into the SIP on July 23, 1991 (56 FR 33715). 

On November 8, 1999, EPA approved revisions to the PSD rules into the Oklahoma SIP. 

These revisions resulted in the Oklahoma SIP regulations meeting all of the Federal NSR 

requirements of 40 CFR part 51, subpart P, Visibility Protection. On March 10, 2003 and 

December 24, 2003, EPA revised the Oklahoma SIP by incorporating newly promulgated 

paragraphs of the Federal PSD rule into the Federal Implementation Plan (FIP) portion of the 

State’s SIP.7

 These revisions were made in order to ensure comprehensive and consistent 

implementation of the Federal PSD program by State, local, and tribal agencies where EPA has 

determined that they have the responsibility to implement the Federal PSD program. On 

December 29, 2008, EPA approved revisions to the Oklahoma values for particulate matter 

significant deterioration increments in accordance with 40 CFR 51.166.8 These revisions to the 

particulate matter PSD increments comply with EPA’s PSD regulations. 

On March 27, 2008 (73 FR 16205), EPA determined that the State of Oklahoma has 

failed to submit a SIP addressing changes to the part C PSD permit program required by the 

November 29, 2005 (70 FR 71612) final rule that made NOx a precursor for ozone in the part C 

regulations at 40 CFR 51.166 and in 40 CFR 52.21. On June 24, 2010, Oklahoma submitted a 

SIP revision to EPA that incorporated the consideration of NOx as a precursor for ozone. This 

SIP revision was approved by EPA on November 26, 2010 (75 FR 72695). The Oklahoma SIP 

meets the PSD requirements of section 110(a)(2)(C) for the 1997 and 2006 PM2.5 NAAQS. 

To comply with the infrastructure requirements of section 110(a)(2)(C) for the PM2.5 

NAAQS, a state must provide revisions to implement the NAAQS, due May 16, 2011 (73 FR 

28321, May 16, 2008). On July 16, 2010, ODEQ submitted revisions to the Oklahoma SIP that 

amended their PSD program to meet these PM2.5 NAAQS implementation requirements. We 

will act on this submission in a separate rulemaking. Previously, on December 29, 2008, EPA 

approved revisions to the values for PM significant deterioration increments in accordance with 

40 CFR 51.166. These revisions to the PM PSD increments comply with EPA’s PSD 

regulations. 

Based on this analysis, we conclude that the Oklahoma SIP meets the requirements of 

section 110(a)(2)(C) for the 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

 

7

 Please see 68 FR 11316 for the March 10, 2003 rulemaking, and 68 FR 74483 for the December 24, 2003 

rulemaking. 

8

 See 73 FR 79400. 
13

Table 3: Oklahoma rules relevant to meeting section 110(a)(2)(C), as determined by EPA: 

Relevant Section of Oklahoma’s SIP EPA Approval/Federal Register Citation 

Regulation 1.4, Air Resources Management 

 Permits Required 

1.4.1: General Permit Requirements 

1.4.2: Construction Permit 

1.4.3: Operating Permit 

1.4.4: Major Sources- Prevention of Significant 

 Deterioration (PSD) Requirements for 

 Attainment Areas 

1.4.5: Major Sources- Nonattainment Areas 

1.4.1: August 25, 1983 at 48 FR 38635 

 and July 23, 1991 at 56 FR 33715 

1.4.2: August 25, 1983 at 48 FR 38635, 

 July 27, 1984 at 49 FR 30184, 

 August 20, 1990 at 55 FR 33905, 

 and July 23, 1991 at 56 FR 33715 

1.4.3: August 25, 1983 at 48 FR 38635 

1.4.4: August 25, 1983 at 48 FR 38635, 

 July 23, 1991 at 56 FR 33715, and 

 November 8, 1999 at 64 FR 60683 

1.4.5: August 25, 1983 at 48 FR 38635 

 and February 12, 1991 at 56 FR 

 05653 

252 OAC 4, Rules of Practice and Procedure 

Subchapter 9: Administrative Proceedings December 29, 2008 at 73 FR 79400 

252 OAC 100, Air Pollution Control 

Subchapter 3: Air Quality Standards and 

 Increments 

Subchapter 5: Registration of Air Contaminant 

 Sources 

Subchapter 9: Excess Emission and Malfunction 

 Reporting Requirements 

Subchapter 13: Open Burning 

Subchapter 17: Incinerators 

SC 3: November 3, 1999 at 64 FR 59629 

 and December 29, 2008 at 73 FR 

 79400 

SC 5: November 3, 1999 at 64 FR 59629 

SC 9: November 3, 1999 at 64 FR 59629 

SC 13: December 29, 2008 at 73 FR 

 79400 

SC 17: December 29, 2008 at 73 FR 

 79400 
14

Subchapter 19: Control of Emission of 

 Particulate Matter 

Subchapter 23: Control of Emissions from 

 Cotton Gins 

Subchapter 24: Particulate Matter Emissions 

from Grain, Feed, or Seed 

 Operations 

Subchapter 25: Visible Emissions and 

 Particulates 

Subchapter 29: Control of Fugitive Dust 

Subchapter 31: Control of Emission of Sulfur 

 Compounds 

Subchapter 33: Control of Emission of Nitrogen 

 Oxides 

Subchapter 37: Control of Emission of Organic 

 Materials 

Subchapter 39: Emission of Organic Materials in 

 Nonattainment Areas 

Subchapter 43: Sampling and Testing Methods 

Subchapter 45: Monitoring of Emissions 

Appendix A: Allowable Emissions for 

Incinerators with Capacities of 

100 lbs/hr or Greater 

Appendix B: Allowable Emissions for 

Incinerators with Capacities less 

than 100 lbs/hr 

Appendix C: Allowable Rate of Emissions for 

Indirectly Fired Wood Fuel-

 Burning Units 

Appendix D: Allowable Rate of Emissions for 

Indirectly Fired Wood Fuel-

 Burning Units 

Appendix E: Primary Ambient Air Quality 

 Standards 

Appendix F: Secondary Ambient Air Quality 

 Standards 

Appendix G: Allowable Rate of Emissions 

Appendix L: PM10 Emission Factors for Permit 

by Rule for Grain Elevators 

SC 19: December 29, 2008 at 73 FR 

 79400 

SC 23: December 29, 2008 at 73 FR 

 79400 

SC 24: December 29, 2008 at 73 FR 

 79400 

SC 25: December 29, 2008 at 73 FR 

 79400 

SC 29: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

SC 31: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

SC 33: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

SC 37: December 29, 2008 at 73 FR 

 79400 

SC 39: December 29, 2008 at 73 FR 

 79400 

SC 43: November 3, 1999 at 64 FR 

 59629 

SC 45: November 3, 1999 at 64 FR 

 59629 and December 29, 2008 at 73 

 FR 79400 

Appendices A-F: December 29, 2008 at 73 

 FR 79400 

Appendix G: November 30, 1999 at 64 

 FR 59629 

Appendix L: December 29, 2008 at 73 FR 

 79400 
15

595 OAC 20, Inspection and Equipment for 

 Motor Vehicles 

Subchapter 3: Emission and Mechanical 

Inspection of Vehicles 

Subchapter 7: Inspection Stickers and Monthly 

Tab Inserts for Windshield and 

 Trailer/Motorcycle 

Subchapter 11: Annual Motor Vehicle 

Inspection and Emission Anti-

 Tampering Inspection 

Records and Reports 

February 29, 1996 at 61 FR 7709 

February 29, 1996 at 61 FR 7709 

February 29, 1996 at 61 FR 7709 

4. Interstate transport, and interstate and international pollution abatement: Section 

110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 

110(a)(2)(D)(i) addresses interstate transport and requires SIPs to include provisions prohibiting 

any source or other type of emissions activity in one state from contributing significantly to 

nonattainment, interfering with maintenance of the NAAQS in another state, or from interfering 

with measures required to prevent significant deterioration of air quality or to protect visibility in 

another state. Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, 

and requires SIPs to include provisions insuring compliance with sections 115 and 126 of the 

Act, relating to interstate and international pollution abatement.. 

The State's response: In its submittal for the 1997 8-hour ozone NAAQS, the ODEQ did not 

provide an explanation of how the Oklahoma SIP meets the requirements of section 

110(a)(2)(D). In its June 2010 and April 2011 certifications, ODEQ referenced previously 

submitted Interstate Transport SIP for an Assessment of Oklahoma’s Impact on Downwind 

Nonattainment for the National Ambient 8-hour Ozone and PM2.5 Air Quality Standards, 

submitted in May 2007 and supplemental information submitted in November 2007, as well as 

the state’s EPA-approved Title V Operating and PSD programs, to demonstrate fulfillment of 

this infrastructure SIP requirement. 

EPA analysis: On April 25, 2005 (70 FR 21147), EPA published a finding that all States had 

failed to submit new SIPs addressing interstate transport for the 8-hour ozone and PM2.5

NAAQS, as required by section 110(a)(2)(D)(i) of the CAA. On May 12, 2005, EPA published 

the Clean Air Interstate Rule (CAIR), which identifies the degree to which emissions of SO2 and 

NOx in certain States significantly contribute to nonattainment of, or interfere with maintenance 

of, the 1997 8-hour ozone and PM2.5 NAAQS in downwind States, and the reductions that must 

be achieved in those States to eliminate such contributions. On August 15, 2006, EPA issued 

guidance entitled “Guidance for State Implementation Plan (SIP) Submissions to Meet Current 

Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards,” which indicated that States within the CAIR region can satisfy 

section 110(a)(2)(D) by satisfying the requirements of the CAIR. However, Oklahoma is not a 

State within the CAIR region. The August 15, 2006, guidance also addressed what the States 

outside of the CAIR region should consider doing to meet the “contributing significantly to 

nonattainment,” “interference with maintenance,” “prevention of significant deterioration,” and 

“protection of visibility” requirements of section 110(a)(2)(D)(i). A SIP submission that meets 
16

the requirements of section 110(a)(2)(D)(i) has not been approved by EPA into the Oklahoma 

SIP. In this action, EPA is not proposing to approve or disapprove Oklahoma’s SIP submissions 

regarding the requirements of section 110(a)(2)(D)(i) for the 1997 ozone and PM2.5 NAAQS. 

On November 26, 2010, we found for the 1997 ozone and PM2.5 standards, that 

emissions from sources in Oklahoma do not interfere with measures required in the SIP of any 

other state under part C of the CAA to prevent significant deterioration of air quality (75 FR 

72695). On October 17, 2011, we proposed that Oklahoma has sufficient measures to prevent 

significant contribution to nonattainment or significant interference with maintenance for the 

1997 and 2006 PM2.5 standards (76 FR 64065). In the same action, we proposed that emissions 

from Oklahoma do not contribute to nonattainment of the 1997 ozone standard. We also 

proposed that emissions from Oklahoma do interfere with maintenance of the 1997 ozone 

standard and took comment on whether emissions from Oklahoma do not interfere with 

maintenance. In this rulemaking, we are addressing only the requirement that pertains to 

preventing sources in Oklahoma from emitting pollutants that will interfere with measures 

required to prevent significant deterioration of air quality in other states for the 2006 PM2.5 

standard. In its submission, Oklahoma indicated that its current NSR SIP is adequate to prevent 

such interference. 

The 2006 Guidance states that the PSD permitting program is the primary measure that 

each state must include to prevent interference with other State’s programs to prevent significant 

deterioration of air quality in accordance with section 110(a)(2)(D)(i)(II). EPA believes that 

Oklahoma’s April 5, 2011, submission is consistent with the 2006 Guidance, when considered in 

conjunction with the State’s PSD program. As discussed previously in this rulemaking with 

regards to section 110(a)(2)(C) and in the TSD, the State’s PSD program is in the SIP and meets 

the basic requirements for implementing the PM2.5 NAAQS . Therefore, EPA is proposing that 

Oklahoma has sufficient measures in place to prevent interference with other State’s programs to 

prevent significant deterioration of the 2006 PM2.5 standard. 

Section 110(a)(2)(D)(ii) of the Act requires compliance with sections 115 and 126 of the 

Act, relating to interstate and international pollution abatement. Section 115(a) addresses 

endangerment of public health or welfare in foreign countries from pollution emitted in the 

United States. Pursuant to section 115, the Administrator has neither received nor issued a 

formal notification that emissions from Oklahoma are endangering public health or welfare in a 

foreign country. Section 126(a) of the Act requires new or modified sources to notify 

neighboring states of potential impacts from such sources. Oklahoma PSD permitting 

regulations at 252 OAC chapter 100 require that affected states be notified of permitting actions 

and be provided with a copy of the draft permit no later than the commencement of the public 

comment period. (75 FR 72705). The state also has no pending obligations under section 126 of 

the Act. 

Based on this analysis, we conclude that the Oklahoma SIP meets the requirements of 

section 110(a)(2)(D)(ii) of the Act for the 1997 ozone and 1997 and 2006 PM2.5 NAAQS. 

5. Adequate resources and authority: Section 110(a)(2)(E) requires states to provide for 

adequate personnel, funding, and legal authority under state law to carry out its SIP and related 

issues. 

The State’s response: The ODEQ has consistently included assurances in SIP revisions that the 

State has adequate personnel, funding, and authority under state law to carry out the SIP. In its 
17

June 2010 and April 2011 certifications, ODEQ cited provisions of the Oklahoma Environmental 

Quality Act and Oklahoma Clean Air Act, and referenced aspects of its funding mechanisms for 

air programs, including permit fees and grant monies. 

EPA analysis: Each SIP must show that the state has legal authority to carry out the plan (40 

CFR 51.230). Chapter 9 of the Oklahoma SIP approved on May 31, 1972, titled “Resources,” 

provides assurances that the State has the adequate resources, i.e., personnel and funding, to 

carry out their SIP. Oklahoma SIP revisions include a discussion on legal authority, with 

reference to Title 27A of the Oklahoma Statutes and the Oklahoma Clean Air Act. The 

Oklahoma Environmental Quality Act and the Oklahoma Clean Air Act are both currently 

codified at Title 27A of the Oklahoma Statutes. These Acts both name the ODEQ as the state 

air control agency, with principal authority in the state on matters relating to the quality of air 

resources, and charge the ODEQ with preparing and implementing the SIP. The Oklahoma 

Clean Air Act also authorizes the ODEQ to establish fees to review and act on permit 

applications; amend and review permits; conduct inspections of facilities; and enforce the rules 

and orders of permits. 

Additionally, there are federal sources of funding for the implementation of the 1997 8-

hour ozone and 1997 and 2006 PM2.5 NAAQS through, for example, the CAA sections 103 and 

105 grant funds. The ODEQ receives federal funds on an annual basis, under section 105 of the 

Act, to support its air quality programs. Fees collected for the Title V and non-Title V permit 

programs also provide necessary funds to help implement the State’s air programs. More 

specific information on permitting fees is provided in the discussion for 110(a)(2)(L). 

Section 110(a)(2)(E)(ii) requires that the state comply with section 128. Section 128 

requires: 1) that the majority of members of the state body which approves permits or 

enforcement orders do not derive any significant portion of their income from entities subject to 

permitting or enforcement orders under the CAA; and 2) any potential conflicts of interest by 

such body be adequately disclosed. In 1982, the EPA approved into the SIP the Oklahoma Code 

of Ethics for State Officials and Employees (47 FR 20771), and in 1994 EPA approved into the 

SIP provisions of the Oklahoma Environmental Quality Act that pertain to financial disclosures, 

conflicts of interest and ethical conduct for the Executive Director of the ODEQ and classified 

employees of the agency (59 FR 32365). 

We continue to believe that the approved Code of Ethics and provisions of the air quality 

act satisfy the requirements of section 110(a)(2)(E) of the Act for the 1997 8-hour ozone and the 

1997 and 2006 PM2.5 NAAQS. 

6. Stationary source emissions monitoring and reporting: Section 110(a)(2)(F) requires, as 

may be prescribed by the Administrator, (i) the installation, maintenance and replacement of 

equipment, and the implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts 

of emissions and emissions-related data from such sources, and (iii) correlation of such reports 

by the State agency with any emission limitations or standards established pursuant to this Act, 

which reports shall be available at reasonable times for public inspection. 

The State's response: The ODEQ requires monitoring for air pollutants as part of its new source 

review permit program. Certain emission sources are required to submit annual and triennial 

emission inventories, and periodic reporting of emissions, which provide data that is used in air 
18

quality modeling to help Oklahoma prepare attainment demonstration plans. Emission data is 

available at reasonable times for public inspection, with some information also available on the 

agency’s web site. ODEQ referenced the following from OAC 252 as relevant to satisfy this 

requirement: 

OAC 252:4-1-5 Availability of a Record 

OAC 252:100, Air Pollution Control 

OAC 252:100-43, Sampling and Testing 

OAC 252:100-45, Monitoring of Emissions 

OAC 252:100-5, Registration of Air Contaminant Sources (and pending SIP revisions) 

EPA analysis: The Oklahoma Clean Air Act provides the ODEQ with authority to require 

monitoring and recordkeeping and to require the submittal of emissions data to develop an 

emissions inventory. In addition to the regulatory references cited by ODEQ, EPA has found the 

following SIP-approved sections of 252 OAC chapter 100 as relevant in demonstrating that the 

Oklahoma SIP meets the requirements of section 110(a)(2)(F): 

Subchapter 1: General Provisions 

Subchapter 5: Registration of Air Contaminant Sources 

Subchapter 8: Permits for Part 70 Sources 

Subchapter 9: Excess Emission and Malfunction Reporting Requirements 

Subchapter 17: Incinerators 

Subchapter 23: Control of Emissions from Cotton Gins 

Subchapter 25: Visible Emissions and Particulates 

Subchapter 29: Control of Fugitive Dust 

Subchapter 31: Control of Emission of Sulfur Compounds 

Subchapter 43: Sampling and Testing Requirements 

The EPA promulgated monitoring regulations, codified at 40 CFR 51.210 (Subpart K) 

and Minimum Emission Monitoring Requirements in Appendix P to Part 51. Under section 193 

of the Act, the existing regulations remain effective to the extent they are not inconsistent with 

the current law, until EPA elects to amend them. Under Subpart K, each SIP must: a) provide 

for monitoring the status of compliance with any rules and regulations that set forth any portion 

of the control strategy; b) provide for legally enforceable procedures for requiring owners or 

operators of stationary sources to maintain records of and periodically report to the State; c) 

contain procedures for obtaining and maintaining data on actual emissions reductions achieved 

as a result of implementing transportation control measures (TCMs); and d) require stationary 

sources subject to emission standards as part of an applicable plan to install, calibrate, maintain, 

and operate equipment for continuously monitoring and recording emissions. 

Chapter 8 of the original Oklahoma SIP approved on May 31, 1972, titled “Source 

Surveillance and Enforcement System,” provides for a stationary source surveillance system for 

the State of Oklahoma. The 1992 Oklahoma Clean Air Act9

 authorizes the ODEQ to maintain 

and update at least annually an inventory of air emissions from stationary sources at section 1-

1805.1. Requirements for stationary sources subject to emission standards as part of an 

 

9

 The 1992 Oklahoma Clean Air Act was approved into the Oklahoma SIP on June 23, 1994 (59 FR 32365). 
19

applicable plan to install, calibrate, maintain, and operate equipment for continuously monitoring 

and recording emissions are provided under the Oklahoma SIP. These can be found under 252 

OAC chapter 100, subchapters 5, 9, 17, 23, 24, 25, 43, and 45 (See Table 5 below). Section 5-2 

of subchapter 5 requires the owner or operator of an air contaminant source to provide the ODEQ 

with information necessary to evaluate the source’s potential for causing air pollution. Section 

9-3 of subchapter 9 describes the general requirements for reporting of excess emissions from a 

stationary source. Sections 17-4 and 17-7 of Subchapter 7 establish the test method to be used in 

determining particulate matter emissions from incinerators. Section 23-3 of subchapter 23 

provides for recordkeeping requirements, visible emissions testing, and dispersion modeling for 

PM10 for cotton gins operating in the State. Section 24-3 of subchapter 24 provides for 

recordkeeping requirements, visible emissions (opacity) testing, and the determination of 

emissions from grain, feed, and seed facilities. Section 25-5 of subchapter 25 requires 

continuous monitoring of opacity for fluid bed catalytic cracking unit catalyst generators at 

petroleum refineries and fossil fuel-fired steam generators. Parts 1, 3, and 5 of subchapter 31 

provide for performance testing and monitoring of emissions from certain stationary sources of 

sulfur compound emissions. Subchapter 43 provides for the sampling and testing methods to be 

used in determining emissions form stationary sources. Subchapter 45 requires stationary 

sources to install, maintain, and operate monitoring equipment, and to record and maintain 

records of emissions. 

The Oklahoma SIP meets the requirements of section 110(a)(2)(F) for the 1997 8-hour 

ozone and the 1997 and 2006 PM2.5 NAAQS. 

Table 5: Oklahoma rules relevant to meeting section 110(a)(2)(F), as determined by EPA: 

Relevant Section of Oklahoma’s SIP EPA Approval/Federal Register 

252 OAC 100, Air Pollution Control 

Subchapter 5: Registration of Air Contaminant 

 Sources 

 Section 5-2: Registration of Potential Sources 

 of Air Contaminants 

Subchapter 9: Excess Emission and Malfunction 

 Reporting Requirements 

 Section 9-3: General Requirements 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 
20

Subchapter 17: Incinerators 

 Section 17-4: Particulate Matter 

 Section 17-7: Test Methods 

Subchapter 23: Control of Emissions from Cotton 

 Gins 

 Section 23-3: Applicability, General 

 Requirements 

Subchapter 24: Particulate Matter from Grain, Feed, 

 or Seed Operations 

 Section 24-3: Applicability, General 

 Requirements 

Subchapter 25: Visible Emissions and Particulates 

 Section 25-5: Continuous Emission Monitoring 

 for Opacity 

Subchapter 31: Control of Emission of Sulfur 

Compounds 

 Part 1: General Provisions 

 Part 3: Existing Equipment Standards 

 Part 5: New Equipment Standards 

Subchapter 43: Sampling and Testing Methods 

 Section 43-1: Purpose 

 Section 43-2: Test Procedures 

 Section 43-3: Conduct of Tests 

Subchapter 45: Monitoring of Emissions 

 Section 45-1: Purpose 

 Section 45-2: Monitoring Equipment Required 

 Section 45-3: Records Required 

 Section 45-4: Compliance Certifications 

 Section 45-5: Enforceability 

December 29, 2008 at 73 FR 79400 

December 29, 2008 at 73 FR 79400 

December 29, 2008 at 73 FR 79400 

December 29, 2008 at 73 FR 79400 

December 29, 2008 at 73 FR 79400 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 

December 29, 2008 at 73 FR 79400 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 

November 3, 1999 at 64 FR 59629 

December 29, 2008 at 73 FR 79400 

December 29, 2008 at 73 FR 79400 

7. Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode provisions in their SIPs. 

The State's response: Chapter 6 of Oklahoma’s SIP sets forth the State’s Emergency Episode 

Plan (EEP), as required under section 110(a)(2)(G) and 40 CFR 51 subpart H. This EEP, along 

with the February 2002 SIP update, describes and implements State authority comparable to that 

in section 303. 

EPA analysis: EPA compared the State rules to 40 CFR 51 Subpart H – Prevention of Air 

Pollution Emergency Episodes and Appendix L to Part 51 - Example Regulations for Prevention 

of Air Pollution Emergency Episodes. Subpart H provides a classification system for episode 

plans. Each region in a state is classified separately with respect to each of the following 

pollutants: Sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide, and ozone (40 

CFR 51.150). An area classified as a Priority I region for ozone has ambient concentrations 
21

greater than 195 micrograms per cubic meter (denoted μg/m3) or 0.10 ppm for a 1-hour 

maximum. The regulations do not establish Priority II regions for ozone. For particulate matter 

a Priority I region has ambient concentrations greater than 95 μg/m3 annual geometric mean or 

325 μg/m3 for a 24-hour maximum. A Priority II region is any area which is not a Priority I 

region and has ambient concentrations between 60–95 μg/m3 annual geometric mean or 150–

325 μg/m3 for a 24-hour maximum. A Priority IA Region is any area which is Priority I 

primarily because of emissions from a single point source. Areas that do not meet the criteria for 

Priority I or II are classified Priority III. Table 6 below summarizes the classification for ozone 

and PM. 

Table 6: Classification of Regions for Episode Plans for Ozone and Particulate Matter 

(40 CFR 51.150) 

Parameter Priority I Priority II Priority III 

Ozone Ambient concentrations 

> 195 μg/m3 (0.10 ppm) 

1-hour maximum 

Not defined Areas which do not 

meet the criteria for 

Priority I 

Particulate 

matter 

Ambient concentrations 

> 95 μg/m3 annual 

geometric mean; 325 μg/m3 

24-hour maximum 

Ambient concentrations 

between 60-95 μg/m3 

annual geometric mean; 

150-325 μg/m3 

24-hour maximum. 

Areas which do not 

meet the criteria for 

Priority I or II 

The significant harm level (SHL) for the 8-hour ozone NAAQS will remain unchanged as 

0.6 parts per million ozone, 2-hour average, as indicated in 40 CFR 51.151. EPA believes that 

the existing ozone-related provisions of 40 CFR Subpart H remain appropriate. Therefore, EPA 

expects that for purposes of the 1997 8-hour ozone NAAQS, states need only to confirm that 

they have existing emergency episode plan provisions consistent with EPA’s existing regulatory 

requirements. 

While Oklahoma has appropriate general emergency powers to address PM2.5 related 

episodes, SHLs for PM2.5 are not provided under Subpart H, nor have SHLs for the 1997 PM2.5

standards been proposed by EPA. The Oklahoma SIP has not been revised to address 

contingency plans for PM2.5. To evaluate whether the Oklahoma SIP provides adequate 

contingency plans for the 1997 PM2.5 NAAQS, EPA used guidance issued in 2009 for the 2006 

PM2.5 NAAQS. The 2009 Guidance for PM2.5 recommends that a state with at least one 

monitored 24-hour PM2.5 value exceeding 140.4 μg/m3 since 2006 establish an emergency 

episode plan and contingency measures to be implemented should such level be exceeded again. 

Additionally, the 2009 Guidance for PM2.5 recommends that if no area of a state has exceeded 

this 140.4 μg/m3 level since 2006 and the state has appropriate general emergency powers to 

address PM2.5 related episodes, then no specific emergency episode plans are necessary at this 

time, given the existing monitored levels. The 2006-2010 data for Oklahoma do not exceed 

140.4 μg/m3 and have consistently remained below the level of 140.4 μg/m3. In fact, these data 

indicate that the highest observed value of PM2.5 in Oklahoma in the 2006 to 2010 time period is 

56.5 μg/m3. 
22

In addition, Subpart H at 51.153 provides for reevaluation of episode plans and requires 

that, “States should periodically reevaluate priority classifications of all Regions or portion of 

Regions within their borders. The reevaluation must consider the three most recent years of air 

quality data. If the evaluation indicates a change to a higher priority classification, appropriate 

changes in the episode plan must be made as expeditiously as practicable.” The Oklahoma data 

does not indicate a change to a higher priority, but suggests that emergency episode plans for the 

PM2.5 NAAQS are not needed at this time 

Oklahoma’s Emergency Episode Plan was last revised on February 12, 1991 (56 FR 

05653), and includes alert, warning, and emergency levels for emergency episodes involving 

PM10 and ozone concentrations. We found that the Oklahoma EEP provides for the pollutants 

specified under 40 CFR 51.150. Using 2006 through 2010 data, we have determined that areas 

within Oklahoma meet the classification for Priority 1 for ozone and Priority III for particulate 

matter. We found that Oklahoma’s EEP is consistent with the provisions of 40 CFR 51.151 and 

152, and Appendix L to Part 51. 

Based on this analysis, we conclude that the Oklahoma SIP meets the requirements of 

section 110(a)(2)(G) for the 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

8. Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise 

their SIPs in response to changes in the NAAQS, availability of improved methods for attaining 

NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

The State’s response: The ODEQ’s powers and duties to implement air quality programs 

(including implementing Oklahoma’s SIP) are described in the Oklahoma Clean Air Act at 27 

OS 2-5-105. Under authority of OAC 252:100-3-2 and 3-3, Appendices E and F of OAC 

252:100 enumerate the primary and secondary air quality standards, respectively. Any 

substantive changes to Oklahoma’s SIP, such as NAAQS updates and resulting program 

modifications, are initiated through the rulemaking process. Documentation of these changes, 

along with documentation of any implementation or infrastructure changes, is then submitted to 

EPA as SIP revision. This process is followed regardless of whether it results from A NAAQS 

update or a finding by the Administrator. 

EPA analysis: The Oklahoma Clean Air Act charges the ODEQ with the power and duty to 

prepare and develop a general plan for proper air quality management in the State. 

Section 7 of the Oklahoma Environmental Quality Act, now codified at Title 27A of the 

Oklahoma Statues, names the Oklahoma Environmental Quality Board as the rulemaking body 

for the ODEQ.10 The Oklahoma Environmental Quality Board is specifically charged with the 

duty of promulgating rules which will implement the duties and responsibilities of the ODEQ 

pursuant to the Oklahoma Environmental Quality Act. The 1992 Oklahoma Clean Air Act and 

the 1992 Oklahoma Environmental Quality Act were both approved by EPA into the SIP on June 

23, 1994 (59 FR 32365). 

Thus, Oklahoma has the authority to revise its SIP as necessary to account for revisions 

of the NAAQS, adopt more effective methods of attaining the NAAQS, and respond to EPA SIP 

calls. We are proposing that the Oklahoma SIP meets the requirements of section 110(a)(2)(H) 

for the 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

 

10 The 1992 Oklahoma Environmental Quality Act was approved by EPA into the Oklahoma SIP on June 23, 1994 

(59 FR 32365). 
23

9. Consultation, public notice, and PSD and visibility protection: Section 110(a)(2)(J) 

requires states to provide a process for consultation with local governments and Federal Land 

Managers (FMLs) carrying out NAAQS implementation requirements pursuant to section 121 

relating to consultation. Section 110(a)(2)(J) further requires states to notify the public if 

NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken 

to prevent exceedances. Section 110(a)(2)(J) also requires States to meet applicable 

requirements of Part C related to prevention of significant deterioration and visibility protection. 

The State's response: Oklahoma’s approved SIP includes established consultation with various 

federal, local, regional, and state agencies. Public notification procedures to meet the 

requirements of section 127 are established in Oklahoma’s SIP; ODEQ provides notification of 

ambient air concentration levels for all NAAQS through its forecasting reports and health 

advisories. Oklahoma operates its EPA-approved PSD permitting program under Regulation 

1.4.4, Major Sources – Prevention of Significant Deterioration (PSD) Permitting Requirements 

for Attainment Areas (now OAC 252:100-8, part 7), the existing PSD delegation agreement, and 

approved and pending portions of the SIP. Oklahoma’s Regional Haze Implementation Plan 

Revision, submitted in February 2010, describes Oklahoma’s measure sot protect visibility, 

including provisions in OAC 252:100-8, Part 11. 

EPA analysis: Regarding consultation with government officials, section 1805.1 of the 1992 

Oklahoma Clean Air Act gives the ODEQ the authority to advise, consult, and cooperate with 

other agencies of the State, towns, cities and counties, industries, other states and the federal 

government, and with affected groups in the prevention and control of new and existing air 

contamination sources within the State. Chapter 10 of the original Oklahoma SIP approved on 

May 31, 1972 (37 FR 10887), provides for intergovernmental cooperation. Oklahoma’s 

Intergovernmental Consultation Plan was revised and approved by EPA on May 14, 1982 (47 FR 

20771). The revision consisted of the development and implementation of a State process for 

consultation and planning with relevant local governmental organizations having responsibility 

for any SIP development process. The 1990 Oklahoma Visibility Plan was approved by EPA 

into the SIP on November 8, 1999 (64 FR 60683), and requires the ODEQ to notify the FLM of 

the receipt of any analysis of the anticipated impacts on visibility in any Federal Class I area, and 

to include a complete copy of the permit application of any proposed new major stationary 

source or major modification that may effect visibility in any Federal Class I area. The 

Oklahoma Visibility Plan also requires the ODEQ to consider any timely analysis performed by 

the FLM and to coordinate with the FLM in conducting any monitoring of visibility in the 

mandatory Federal Class I area. The Attainment Demonstration for the Central Oklahoma Early 

Action Compact (EAC) Area was approved by EPA on August 16, 2005 (70 FR 48078), and 

incorporated a Memorandum of Agreement (MOA) between the ODEQ and the Association of 

Central Oklahoma Governments (ACOG) into the Oklahoma SIP. The MOA outlines the duties 

and responsibilities of each party for implementation of pollution control measures for the 

Central Oklahoma EAC area. The Attainment Demonstration for the Tulsa EAC Area was 

approved by EPA on August 19, 2005 (70 FR 48645), and also incorporated a MOA between the 

ODEQ and the Indian Nation Council of Governments (INCOG) into the Oklahoma SIP. The 

MOA outlines the duties and responsibilities of each party for implementation of pollution 

control measures for the Tulsa Metropolitan Area EAC area. The Oklahoma SIP satisfies this 
24

portion of the section 110(a)(2)(J) requirements for the 1997 8-hour ozone and the 1997 and 

2007 PM2.5 NAAQS. 

Regarding public notification, section 110(a)(2)(J) further requires states to notify the 

public if the NAAQS are exceeded in an area and to enhance public awareness of measures that 

can be taken to prevent exceedances. On August 4, 1977 (42 FR 39389), the Oklahoma SIP was 

revised by amending Regulation 4.2, which provides for public disclosure of emission data. The 

revision to Regulation 4.2 provided that emission data must be made available at all times to the 

public during normal working hours. On May 14, 1982 (47 FR 20771), EPA approved into the 

Oklahoma SIP a Public Notification Workplan, which consists of a formal procedure for public 

notification, including notification of exceedances of any national primary ambient air quality 

standard, the health hazards associated with such pollution, measures which can be taken to 

prevent such exceedances, and ways for participation in regulatory processes to improve air 

quality. Furthermore, Oklahoma ozone forecasts are made for each day of the ozone season for 

each forecast area,11 and are available to the public through the ODEQ website. An air quality 

forecast for inhalable particulates is also made each day for each forecast area. The public can 

also subscribe through the ODEQ website to an “Air Quality Health Advisory,” which is a 

graphic e-mail notification that tells the subscriber when air pollution levels are currently 

unhealthy for sensitive groups or worse, allowing citizens to take steps to protect their health and 

that of their family.12 The Oklahoma SIP meets this portion of the section 110(a)(2)(J) 

requirements for the 1997 8-hour ozone and the 1997 and 2007 PM2.5 NAAQS. 

Regarding PSD and visibility protection, Section 110(a)(2)(J) requires States to meet 

applicable requirements of Part C related to prevention of significant deterioration and visibility 

protection. Regulation 1.4.1 of the Oklahoma Air Pollution Control Regulations provides for 

general permit requirements, and Regulation 1.4.4 describes the PSD requirements for attainment 

areas. Title 252 OAC chapter 100, subchapter 3, sets forth the PSD increments, which are 

consistent with EPA’s PSD increments in accordance with 40 CFR 51.166. Oklahoma’s PSD 

program was initially approved into the SIP on August 25, 1983 (see 48 FR 38635), giving the 

State authority to issue PSD permits and enforce them under its approved PSD SIP. In response 

to the new PM10 NAAQS promulgated by EPA on July 1, 1987, Oklahoma revised its existing 

regulations for PSD to reflect the new NAAQS. These revisions to the Oklahoma SIP were 

approved by EPA on February 12, 1991 (56 FR 05653). On October 17, 1988, EPA promulgated 

regulations under section 166 of the CAA to prevent significant deterioration of air quality from 

emissions of nitrogen oxides. In response, Oklahoma revised its SIP by adopting PSD maximum 

allowable nitrogen dioxide (NO2) increments and related requirements. EPA found these 

revisions to be consistent with the minimum Federal requirements for the PSD NO2 increment 

program set forth in 40 CFR 51.166, and as such were approved into the SIP on July 23, 1991 

(56 FR 33715). On March 10, 2003 and December 24, 2003, EPA revised the Oklahoma SIP by 

incorporating newly promulgated paragraphs of the Federal PSD rule into the Federal 

Implementation Plan (FIP) portion of the State’s SIP.13 These revisions were made in order to 

ensure comprehensive and consistent implementation of the Federal PSD program by State, 

local, and tribal agencies where EPA has determined that they have the responsibility to 

 

11 There are three forecast areas in Oklahoma: Lawton, Oklahoma City, and Tulsa. For more information, please 

see http://www.deq.state.ok.us/aqdnew/AQIndex/AQI.htm. 12 Please see http://www.deq.state.ok.us/aqdnew/AdvisorySignUp.htm. 13 Please see 68 FR 11316 for the March 10, 2003 rulemaking, and 68 FR 74483 for the December 24, 2003 

rulemaking. 
25

implement the Federal PSD program. On December 29, 2008, EPA approved revisions to the 

values for particulate matter PSD increments in accordance with 40 CFR 51.166.14 These 

revisions to the particulate matter PSD increments comply with EPA’s PSD regulations. On 

March 27, 2008 (73 FR 16205), EPA determined that the State of Oklahoma has failed to submit 

a SIP addressing changes to the part C PSD permit program required by the November 29, 2005 

(70 FR 71612) final rule that made NOx a precursor for ozone in the part C regulations at 40 

CFR 51.166 and in 40 CFR 52.21. This deficiency was addressed in a June 2010 SIP revision 

submittal, which EPA approved on November 26, 2010 (75 FR 72695). On November 8, 1999 

(64 FR 60683), EPA approved Oklahoma’s Visibility Protection Plan for the Federal Class I 

area.15 In that rulemaking, EPA determined that Oklahoma’s Visibility Protection Plan meets the 

visibility monitoring and NSR provisions under 40 CFR 51.305 and 51.307, respectively. EPA 

also determined that Oklahoma’s Visibility Protection Plan meets the visibility implementation 

control strategy and long-term strategy requirements under 40 CFR 51.302 and 51.306, 

respectively. Oklahoma’s Visibility Protection Plan includes visibility impact evaluation 

requirements and requires the ODEQ to coordinate with the FLM in conducting any monitoring 

of visibility in the mandatory Federal Class I area, to notify the FLM of the receipt of any 

analysis of the anticipated impacts of sources on visibility in any Federal Class I area, and to 

consider any timely analysis performed and submitted by the FLM. 

Based on this analysis, we propose that the Oklahoma SIP satisfies the requirements of 

section 110(a)(2)(J) for the 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

10. Air quality modeling and submission of data: Section 110(a)(2)(K) requires that SIPs 

provide for performing air quality modeling for predicting effects on air quality of emissions 

from any NAAQS pollutant and submission of such data to EPA upon request. 

The State’s response: Oklahoma conducts air quality modeling to support its demonstrations of 

attainment, and reports the results to EPA. Oklahoma currently has no designated nonattainment 

areas. Source modeling requirements are also included in the PSD permitting program. 

Oklahoma’s modeling program includes modeling for PM10, while continuing to update the 

protocol as appropriate to accommodate PM2.5. 

EPA analysis: The EPA currently does not have regulations concerning modeling for the SIP 

demonstration purposes, but has issued guidance16. Modeling and emissions reductions 

measures have been submitted by Oklahoma and approved into the SIP. For example, we 

reference the air modeling and emissions reductions data submitted within the attainment 

demonstrations for the Tulsa County Ozone Plan;17 the Conoco SO2 Emissions Trade SIP 

revision;18 and the Attainment Demonstration SIPs for both the Central Oklahoma EAC area and 

 

14 See 73 FR 79400. 

15 Oklahoma has one mandatory Class I area. It is the Wichita Mountains National Wildlife Refuge in Comanche 

County near Fort Sill Military Reservation. 

16 See EPA’s “Guidance on the Use of Models and Other Analyses in Attainment Demonstrations for the 8-hour 

Ozone NAAQS,” October 2005; and “Guidance on the Use of Models and Other Analyses for Air Quality Goals in 

Attainment Demonstrations for Ozone, PM2.5, and Regional Haze,” April 2007. 17 Approved by EPA on January 31, 1991 (56 FR 03777). 

18 Approved by EPA on March 6, 1992 (57 FR 08077). 
26

the Tulsa EAC area.19The measures in these SIP revisions were approved by EPA and adopted 

into the SIP. 

We are proposing that the Oklahoma SIP meets the requirements of section 110(a)(2)(K) 

for the 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

11. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source 

to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a 

permit. 

The State's response: Oklahoma’s EPA-approved Title V Operating Program includes permit 

application fees and annual operating fees under OAC 252:100-8-1.7 and 100-5-2.2, respectively 

(formerly Regulation 1.4.1(d), Permit Fees). 

EPA analysis: Section 1-1806.1 of the 1992 Oklahoma Clean Air Act authorizes the ODEQ, 

through the Board of Environmental Quality, to promulgate rules regarding permit fees. Section 

1-1814 of the 1992 Oklahoma Clean Air Act establishes that the owner or operator of any source 

required to have a permit must pay a permit fee to cover the cost of implementing and enforcing 

Oklahoma’s permit program authorized by the Oklahoma Clean Air Act and the Federal Clean 

Air Act. Regulation 1.4.1(d) of the Oklahoma Air Pollution Control Regulations provides for 

permit fees, and was approved by EPA into the Oklahoma SIP on August 25, 1983 (48 FR 

38635). 

The Oklahoma SIP meets the requirements of section 110(a)(2)(L) for the 1997 8-hour 

ozone and the 1997 and 2006 PM2.5 NAAQS. 

12. Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states 

to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

The State’s response: Oklahoma’s approved SIP includes established opportunities for 

consultation and participation by local political subdivisions affected by the SIP. The ODEQ’s 

powers and duties to implement air quality programs (including implementing Oklahoma’s SIP) 

are described in 27A OS 2-5-105. The powers and duties of the Air Quality Advisory Council, 

as listed in 27A OS 2-5-107, include the authority and discretion to provide a public forum for 

the discussion of issues it considers relevant to the air quality of the state and to hold public 

hearings to receive public comment in fulfillment of federal requirements regarding the SIP and 

make recommendations to the ODEQ concerning the SIP. 

EPA analysis: Section 1-1805.1 of the 1992 Oklahoma Clean Air Act authorizes the ODEQ to 

advise, consult and cooperate with other agencies of the State, towns, cities and counties, 

industries, other states and the federal government, and with affected groups in the prevention 

and control of new and existing air contamination sources within the State. The 1992 Oklahoma 

Clean Air Act was approved by EPA into the Oklahoma SIP on June 23, 1994 (59 FR 32365) 

and is currently codified under Title 27A of the Oklahoma Statutes. 

 

19 The Attainment Demonstration SIP for the Central Oklahoma EAC area was approved by EPA on August 16, 

2005 (70 FR 48078). The Attainment Demonstration SIP for the Tulsa EAC area was approved by EPA on August 

19, 2005 (70 FR 48645). 
27

Per 40 CFR 51.240, each SIP must identify organizations, by official title, which will 

participate in developing, implementing and enforcing the plan and the responsibilities of such 

organizations. The plan shall include any related agreements or memoranda of understanding 

among the organizations. Oklahoma’s Intergovernmental Consultation plan was approved by 

EPA on May 14, 1982 (47 FR 20771), and consisted of a process for consultation and planning 

with relevant local governmental organizations having responsibility for any SIP revision 

process. As part of the plan, the State entered into formal agreements with designated 

metropolitan planning organizations for air quality planning in their respective areas of the State. 

The Oklahoma SIP fulfills the requirements of section 110(a)(2)(M) for the 1997 8-hour 

ozone and the 1997 and 2006 PM2.5 NAAQS. 

III. EPA’s Recommendation

We reviewed the Oklahoma submittals, SIP, and air quality data for ozone and PM2.5 for 

compliance with the requirements of sections 110(a)(1) and (2) of the Act for the 1997 8-hour 

ozone and the 1997 and 2006 PM2.5 standards. We recommend that EPA propose to approve the 

submittals provided by the State of Oklahoma to demonstrate that the Oklahoma SIP meets the 

requirements of sections 110(a)(1) and (2) of the Act with respect to the 1997 8-hour ozone and 

the 1997 and 2006 PM2.5 standards. These submittals address the infrastructure elements 

specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 

8-hour ozone and 1997 and 2006 PM2.5 NAAQS. 

We recommend approval of the Oklahoma SIP for the following elements: 

Emission limits and other control measures: Section 110(a)(2)(A) 

Ambient air quality monitoring/data system: Section 110(a)(2)(B) 

Program for enforcement of control measures: Section 110(a)(2)(C) 

Interstate transport: Section 110(a)(2)(D)(ii) 

Adequate resources: Section 110(a)(2)(E) 

Stationary source monitoring system: Section 110(a)(2)(F) 

Emergency power: Section 110(a)(2)(G) 

Future SIP revisions: Section 110(a)(2)(H) 

Consultation with government officials: Section 110(a)(2)(J) 

Public notification: Section 110(a)(2)(J) 

PSD and visibility protection: Section 110(a)(2)(J) 

Air quality and modeling/data: Section 110(a)(2)(K) 

Permitting fees: Section 110(a)(2)(L) 

Consultation/participation by affected local entities: Section 110(a)(2)(M) 

IV. References

1. Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy 

Division, OAQPS, to Air Division Directors; dated October 2, 2007.
28

2. Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour 

Fine Particle (PM2.5) NAAQS, Memorandum from William T. Harnett, Director, Air Quality 

Policy Division, OAQPS, to Regional Air Division Directors, dated September 29, 2009.